Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to the Agreement on trade in spirit drinks and aromatised drinks annexed to the Agreement establishing an association between the European Community and its member states, of the one part, and the Republic of Chile, of the other part
Date: 2006-04-24
Institutions: Chile, European Community
Subjects: Chile, association agreement (EU), designation of origin, product designation, revision of an agreement, spirits, trade agreement, trade agreement (EU)

24.2.2006

EN

Official Journal of the European Union

L 54/29

AGREEMENT

in the form of an Exchange of Letters between the European Community and the Republic of Chile
concerning amendments to the Agreement on trade in spirit drinks and aromatised drinks annexed
to the Agreement establishing an association between the European Community and its member
states, of the one part, and the Republic of Chile, of the other part

A. Letter from the Community

Brussels,

Sir,

I have the honour to refer to meetings of the Joint Committee established in accordance with Article 17 of
Annex VI to the Association Agreement (the Agreement on Trade in Spirit Drinks and Aromatised Drinks).
The Joint Committee has recommended that modifications should be made to the Agreement on Trade in
Spirit Drinks and Aromatised Drinks (hereinafter referred to as ‘Annex VI’), in order to take account of
legislative developments since its adoption.

During the recent Joint Committee meeting held in Madrid on 13-14 June 2005 there was agreement on
the need to amend not only the appendices but also the text of the Agreement in order to update it. I have
therefore the honour to propose that Annex VI be amended as indicated in the Appendix attached hereto,
with effect as of the date of signature.

I should be obliged if you would confirm that your Government is in agreement with the content of this
letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the European Community

L 54/30

EN

Official Journal of the European Union

24.2.2006

Annex VI is hereby amended as follows:

Appendix

1.

in Article 5, paragraph 2 is replaced by the following:
‘2.
they apply.’;

The names referred to in Article 6 shall be reserved exclusively for the products originating in the Party to which

2. Article 7 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2.
On the basis of the Chilean trademark register as established on 10 June 2002, the trademarks listed in
Appendix II A shall be cancelled within 12 years for use on the internal market and five years for export from the
date of entry into force of this Agreement.’;

(b) after paragraph 2, the following paragraph is inserted:

‘2a.
On the basis of the Chilean trademark register as established on 10 June 2002, trademarks listed in
Appendix II B. are allowed under the conditions laid down in this Appendix, exclusively for use on the
internal market, and shall be cancelled within 12 years from the date of entry into force of this Agreement.’;

3. Article 8 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
The Parties are not aware, on the basis of the Chilean trademark register as established on 10 June 2002, of
any trademarks other than those listed in Article 7(2) and (2a) which are identical with, or similar to, or contain
the protected designation referred to in Article 6.’;

(b) paragraph 2 is replaced by the following:

‘2.
Pursuant to paragraph 1, the Parties shall not deny the right to use a trademark contained in the Chilean
trademark register on 10 June 2002, other than those referred to in Article 7(2) and (2a), on the basis that such a
trademark is identical with, or similar to, or contains a protected designation listed in Appendix I.’;

4. Article 17(3) is replaced by the following:

In particular,

‘3.
Agreement. It shall be conducted in accordance with the Rules of Procedure for the Special Committees.’.

the Joint Committee may make recommendations in furtherance of

the objectives of

this

24.2.2006

EN

Official Journal of the European Union

L 54/31

B. Letter from the Republic of Chile

Santiago de Chile/Brussels,

Madam,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘I have the honour to refer to meetings of the Joint Committee established in accordance with Article
17 of Annex VI
(the Agreement on Trade in Spirit Drinks and
Aromatised Drinks). The Joint Committee has recommended that modifications should be made to
the Agreement on Trade in Spirit Drinks and Aromatised Drinks (hereinafter referred to as “Annex VI”),
in order to take account of legislative developments since its adoption.

to the Association Agreement

During the recent Joint Committee meeting held in Madrid on 13-14 June 2005 there was agreement
on the need to amend not only the appendices but also the text of the Agreement in order to update
it. I have therefore the honour to propose that Annex VI be amended as indicated in the Appendix
attached hereto, with effect as of the date of signature.

I should be obliged if you would confirm that your Government is in agreement with the content of
this letter.’.

I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.

Please accept, Madam, the assurance of my highest consideration.

For the Republic of Chile